G.R. No.

L-45987 May 5, 1939

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
CAYAT, defendant-appellant.
Sinai Hamada y Cario for appellant.
Office of the Solicitor-General Tuason for appellee.
MORAN, J.:
Prosecuted for violation of Act No. 1639 (secs. 2 and 3), the accused, Cayat, a native of Baguio, Benguet,
Mountain Province, was sentenced by the justice of the peace court of Baguio to pay a fine of five pesos
(P5) or suffer subsidiary imprisonment in case of insolvency. On appeal of the Court of First Instance, the
following information was filed against him:
That on or about the 25th day of January, 1937, in the City of Baguio, Commonwealth of the Philippines,
and within the jurisdiction of this court, the above-named accused, Cayat, being a member of the non-
Christian tribes, did then and there willfully, unlawfully, and illegally receive, acquire, and have in his
possession and under his control or custody, one bottle of A-1-1 gin, an intoxicating liquor, other than
the so-called native wines and liquors which the members of such tribes have been accustomed
themselves to make prior to the passage of Act No. 1639.
Accused interposed a demurrer which was overruled. At the trial, he admitted all the facts alleged in the
information, but pleaded not guilty to the charge for the reasons adduced in his demurrer and
submitted the case on the pleadings. The trial court found him guilty of the crime charged and
sentenced him to pay a fine of fifty pesos (P50) or supper subsidiary imprisonment in case of insolvency.
The case is now before this court on appeal. Sections 2 and 3 of Act No. 1639 read:
SEC. 2. It shall be unlawful for any native of the Philippine Islands who is a member of a non-Christian
tribe within the meaning of the Act Numbered Thirteen hundred and ninety-seven, to buy, receive, have
in his possession, or drink any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind, other
than the so-called native wines and liquors which the members of such tribes have been accustomed
themselves to make prior to the passage of this Act, except as provided in section one hereof; and it
shall be the duty of any police officer or other duly authorized agent of the Insular or any provincial,
municipal or township government to seize and forthwith destroy any such liquors found unlawfully in
the possession of any member of a non-Christian tribe.
SEC. 3. Any person violating the provisions of section one or section two of this Act shall, upon
conviction thereof, be punishable for each offense by a fine of not exceeding two hundred pesos or by
imprisonment for a term not exceeding six months, in the discretion of the court.